Decision 0319H – Regents of the University of California (California State Employees Association, Chapter 41)

SF-CE-13-H

Decision Date: June 10, 1983

Decision Type: PERB Decision

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Perc Vol: 7
Perc Index: 14177

Decision Headnotes

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.10000 – Solicitation/Organizing

Employee's efforts to have bulletin board mounted and to post organizational materials were in furtherance of union's goals of communicating with and representing employees.

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.16000 – Appeals to Other Agencies/Filing of Court Actions

Safety complaint with union to another department is protected activity.

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.03000 – Activities for Nonexclusive Representative – Protected Right

Employee's efforts to have bulletin board mounted and to post organizational materials were in furtherance of union's goals of communicating with and representing employees.

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.04000 – Individual/Concerted/Activities/Self-Representation

Employees safety-related complaint, pursued with the assistance of AFSCME is protected activity.

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.05000 – Grievances

Grievance filing is protected activity.

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.11000 – Distribution of Literature

Employee's efforts to have bulletin board mounted and to post organizational materials were in furtherance of union's goals of communicating with and representing employees.


504.14000 – Other/In General

No linking of unlawful motive by one supervisor who knew of protected activity to decision-maker who did not.

505.00000 – EMPLOYER DISCRIMINATION; DEFENSES
505.11000 – Legitimate Business Purpose/Business Necessity

Office workload and staffing situation justified change of duties of position.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.02000 – Weight Given to ALJ’s Proposed Decision: Findings, Conclusions, Credibility Resolutions

ALJs conclusion on absence of knowledge of grievance filing is proper.